Travel India after H1 Got picked for first time

[kanne]

Hi Team,

                       My situation is that I am on C.P.T and applied for H-1 and my H-1 got picked before couple of days.Now i have a Health issue and want to go to India and come back in 1 month.Is it Possible? When i asked my employer he advised me not to as my i-94 number will be changed and so my H-1 petition will get revoked.Is that True.What are the options i have.My Student Visa is Valid till July 07 2015.I want to come back before that time period but don't know if i can do that.

Thank you

[jairichi]

If your H1b petition was filed as COS and if you travel before a decision is made by USCIS then the COS part of your H1B petition is considered abandoned. Your petition will still be processed. You will need to enter US with a valid H1B visa and I797 to start working from Oct 1st.

 

Before that is your CPT a legitimate one? Have you graduated?

[rahul412]

Forget about H1, make sure your CPT is legal. If your CPT is illegal then obviously your H1 is trouble.